Prenuptial & Postnuptial Agreements

Safeguard the Future with Our Livingston Matrimonial & Family Lawyers

It is becoming increasingly common for couples, prior to marriage, to address
what will occur with their assets and finances in the event of divorce
by way of a “prenuptial” or “premarital” agreement.
While not always a desirable topic to discuss when one is planning a wedding,
having an agreement in place can spare both parties costly and time-consuming
litigation in the event of a marriage’s unfortunate breakdown.

A prenuptial agreement can address the following matters:

Spousal support (“alimony”)

Property division upon divorce including the disposition of premarital
property and responsibility for debt

Treatment of income earned during the marriage

Payment of marital expenses

Asset distribution in the event of a spouse’s death

"Do I Need a Prenup?"

Contrary to popular belief, prenuptial agreements are not solely for couples
with a high net worth. While it benefits everyone to consider a prenuptial
agreement in advance of marriage, however, it is particularly advisable
in certain circumstances.

Prenuptial agreements are especially advised when parties:

Were married before

Have children from a prior relationship or marriage

Stand to benefit from a trust

Expect to receive a monetary gift or inheritance

Own a business

Are marrying someone with substantial debt

Earn more than your future spouse

Have more assets than your future spouse

To be enforceable, a prenuptial agreement must be entered into voluntarily,
with “full and fair disclosure” of the earnings, assets, and
debt of each party (unless the parties expressly waive the right to such
disclosure in writing), with each party having had the opportunity to
be represented by independent counsel. See N.J.S.A. 37:2-38.

Understanding Postnuptial Agreements

In contrast to a prenuptial agreement, a postnuptial agreement (sometimes
referred to as a “mid-marriage agreement”) is made between
spouses during the marriage to protect their rights and assets in the
event of divorce. Enforcement of postnuptial agreements is governed by
a far stricter standard in light of the judiciary’s concern that
same are more subject to manipulation by one spouse of the other. See
Pacelli v. Pacelli, 319 N.J. Super. 185 (App. Div. 1999).

How We Can Help

At Ziegler & Zemsky, LLC, our experienced team of skilled and seasoned
Livingston matrimonial law attorneys can advise you as to the right type
of agreement to best protect your interests whether before, during or
after marriage.
Our team handles these documents for couples throughout New Jersey and New York and are ready to help you and your future or current spouse safeguard
your futures.

Ready to explore your prenuptial agreement options? Call us at (973) 878-4373
to request an initial consultation with us today.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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